by Rishi Gantan (Ella Cheong LLC) Data protection laws in Singapore are relatively new, as the Data Privacy Provisions of the Personal Data Protection Act (“PDPA”) came into force barely 2 years ago, shortly after the “Do Not Call” (“DNC”) regime was implemented. However, compliance under this new law is stringent and many companies still are unaware of their …
A short commentary on the potential IP implications of “Pokemon marketing”: a Go, or no Go?
by Eileen Fong and Tan Yi Xin (Ella Cheong LLC) Pokemon Go – even if you are not a user of this mobile-based, augmented reality game, the sheer amount of buzz Pokemon Go has created is enough to make history. With the popularity of Pokemon Go showing no signs of slowing down, enterprising individuals and businesses around the …
Malaysia faces legal challenge in rights to Halal certification mark in Europe
By Zuhairy Fauzy (Ella Cheong IP Services Sdn Bhd) Consumers may potentially have trouble keeping things halal in the wake of the recent case of Government of Malaysia v OHIM (18 November 2015, Case T-508/13), which revolves around the alleged passing-off of Malaysia’s Halal certification mark in the European Union. The certification mark takes the following form: To provide a …
EC CIRCULAR: IPOS TO CLOSE FOREIGN ROUTE WITH EFFECT FROM 1 JANUARY 2020
By Chiong Song Ning (Ella Cheong LLC) For patent applications filed directly in Singapore, as well as Patent Cooperation Treaty (“PCT”) applications entering national phase in Singapore, there are several options in respect of Search and Examination procedures. One such option is the “foreign route”. When using the foreign route, an applicant need not have his/her application undergo …
Cat fight: In the case of B2K Pet Products Pte. Ltd v Pets Global Pte Ltd [2016] SGIPOS 3
By Denise Loh (Ella Cheong LLC) Introduction On 19 January 2016, Principal Assistant Registrar Sandy Widjaja put an end to a trade mark opposition dispute between two local pet food manufacturers over the brand names of their cat litter, deciding in favour of the Applicants, B2K Pet Products Pte Ltd, and allowing the “Kit Cat” composite mark (the “Application …
EC Circular: MYANMAR IMPOSES NEW REQUIREMENTS FOR EXECUTION OF TRADE MARK REGISTRATION AND MAINTENANCE FORMS
The Myanmar Registration Office has recently implemented amendments to the documentary requirements regarding applications for trade mark registration and maintenance. The changes came into effect as of 1 June 2016. In particular, under the new regulation, in order for an application to be accepted by the Registration Office, any applicable Power of Attorney or Declaration of Ownership / Renewal / Change of Ownership form submitted must …
Perspective on Alternative Dispute Resolution – A contribution to Asia IP
By Kevin Wong and Eileen Fong (Ella Cheong LLC) These days, IP disputes between big companies seem to be regularly plastered all over the media (Apple vs Samsung, Christian Louboutin vs Yves Saint Laurent and so on), suggesting that bringing disputes before courts is the way to go. “However, litigation may not necessarily be best equipped to address the …
EC Circular: Indian Trade Marks Registry’s Recent Backlog-Clearing Exercise Goes Awry
There has been a recent buzz about a mass backlog-clearing exercise by the Indian Trade Marks Registry conducted in March 2016, as a result of which the Registry ordered the abandonment of numerous trade mark applications. Unfortunately, some applications were abandoned erroneously. Whilst subsequent developments have gone some way towards resolving this issue on the ground, e.g. the Registry’s …
Ex-employees’ Confidentiality Obligations in Focus – In the case of Clearlab SG Pte Ltd v Ting Chong Chai [2015] 1 SLR 163
By Jonathan Liang (Ella Cheong LLC) Introduction Employee confidentiality obligations are commonly set out as express terms in most employment contracts. Once an employee resigns or otherwise has his employment terminated, the corresponding obligations end as well. However, an employee may continue to be bound by restrictive covenants that survive the termination of his or her employment if the restraint …
Criteria for Patent Amendments – In the case of Ship’s Equipment Centre Bremen GmbH v Fuji Trading (Singapore) Pte Ltd [2015] SGHC
By Chiong Song Ning (Ella Cheong LLC) Introduction In most (if not all) countries, patents can only be granted over inventions which are new, non-obvious (i.e. possess an inventive step), and capable of industrial application. If doubts are raised over the patentability of the invention, either before grant (e.g during examination by the patent office) or after …